AUTOMOBILE CLUB OF NEW YORK, INC. v. DYKSTRA

No. 04 Civ. 02576(RO).

326 F.Supp.2d 568 (2004)

AUTOMOBILE CLUB OF NEW YORK, INC. Plaintiff, v. Gretchen DYKSTRA, as Commissioner of the Department of Consumer Affairs of the City of New York and the City of New York, Defendants.

United States District Court, S.D. New York.

July 28, 2004.


Attorney(s) appearing for the Case

Anthony Genovese, Robinson, Brog, Leinwand, Greene, Geneovese & Gluck, P.C., New York, NY, for the Plaintiff.

Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, Louise Moed, for the Defendants, of counsel.

Howard Ross, Ross, Legan, Rosenberg, Zelen & Flaks, L.L.P., New York, NY, Amicus Curiae.


MEMORANDUM & ORDER

OWEN, District Judge.

Plaintiff Automobile Club of New York ("the Club") is a not-for-profit corporation providing twenty-four hour roadside assistance and towing of privately-owned vehicles in the New York metropolitan and surrounding counties through a network of affiliated contractors. The Club receives and deals with requests for towing assistance in the hundreds of thousands in any given year, and as many as 40 cars per...

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